Senate Bill S3712A

2011-2012 Legislative Session

Relates to binding arbitration in negotiations with members who are designated as security services or security supervisors

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 01, 2012	print number 3712a
Feb 01, 2012	amend and recommit to civil service and pensions
Jan 04, 2012	referred to civil service and pensions
Mar 02, 2011	referred to civil service and pensions

Bill Amendments

Original

A (Active)

2011-S3712 - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §209, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3284
2013-2014: S2821

2011-S3712 - Summary

Provides for binding arbitration in negotiations with all members who are designated as security services or security supervisors.

2011-S3712 - Sponsor Memo

                                BILL NUMBER:S3712

TITLE OF BILL:
An act
to amend the civil service law, in relation to providing for binding
arbitration in negotiations involving all members of the collective
negotiating units designated as security services or security
supervisors

PURPOSE OR GENERAL IDEA OF BILL:
To provide binding arbitration to all
members of the Security Services or Security Supervisors collective
bargaining units.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends §209(2)
of the Civil Service Law to include within its provisions all titles
within the Security Services bargaining unit or the Security
Supervisors bargaining unit. Section 2 of the bill amends the opening
paragraph of §209(4) of the Civil Service Law in the same manner.
Section 3 of the bill amends §209(4) (f) of the Civil Service Law to
limit application of binding arbitration with respect to compensatory
issues.

EXISTING LAW:
Currently, binding arbitration in collective

negotiations is available only to correctional officer members of
these bargaining units.

JUSTIFICATION:
Binding arbitration legislation with respect to
compensatory issues for members of the Security Services and Security
Supervisors units passed the Legislature and became law during the
2001 Legislative Session. (See Chapter 586 of the Laws of 2001).
During the 2002 Legislative Session, however, through the enactment
of Chapter 220 of the Laws of 2002, binding arbitration was limited
to members of the Security Services and Security Supervisors units
who are state correctional officers.

When Chapter 586 of the Laws of 2001 Passed the Legislature, it was the
clear intent of the legislative members from both Houses to provide
binding arbitration to all titles within the Security Services and
Security Supervisors collective bargaining units. Enactment of this
bill into law will ensure that the original legislative intent with
respect to Chapter 586 of the Laws of 2001 is carried out.

PRIOR LEGISLATIVE HISTORY:
2010:    A.6336/S.3284 Vetoed Memo 7
2007:    A.930 - Passed Both Houses; Veto Memo 70
2005-06: A.746 Referred to Assembly Governmental Employees Committee
2003-04: A.5654 Referred to Assembly Governmental Employees Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately, with provisions.

2011-S3712 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3712

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 2, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the civil service law,  in  relation  to  providing  for
  binding  arbitration  in  negotiations  involving  all  members of the
  collective negotiating units designated as security services or  secu-
  rity supervisors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 209 of the civil service  law,  as
amended  by  section 1 of chapter 234 of the laws of 2008, is amended to
read as follows:
  2. Public employers are hereby empowered to enter into written  agree-
ments  with recognized or certified employee organizations setting forth
procedures to be invoked in the event of disputes which reach an impasse
in the course of collective negotiations. Such  agreements  may  include
the  undertaking  by each party to submit unresolved issues to impartial
arbitration. In the absence or upon  the  failure  of  such  procedures,
public  employers  and  employee  organizations may request the board to
render assistance as provided in this section, or the board  may  render
such  assistance  on its own motion, as provided in subdivision three of
this section, or, in regard to officers or members of any organized fire
department, or any unit of the public employer which  previously  was  a
part  of an organized fire department whose primary mission includes the
prevention and control of aircraft fires, police force or police depart-
ment of any county, city, town, village or fire or police  district,  or
detective-investigators, or rackets investigators employed in the office
of  a  district attorney of a county, or in regard to any organized unit
of troopers, commissioned or noncommissioned officers of the division of
state police, or in regard to investigators,  senior  investigators  and
investigator  specialists  of the division of state police, or in regard
to members  of  collective  negotiating  units  designated  as  security

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07552-01-1

S. 3712                             2

services  and  security  supervisors  [who  are police officers, who are
forest ranger captains or who are employed by the  state  department  of
correctional  services  and are designated as peace officers pursuant to
subdivision  twenty-five of section 2.10 of the criminal procedure law],
or in regard to members of the collective negotiating unit designated as
the agency law enforcement services unit who are police officers  pursu-
ant to subdivision thirty-four of section 1.20 of the criminal procedure
law or who are forest rangers, or in regard to organized units of deputy
sheriffs who are engaged directly in criminal law enforcement activities
that  aggregate more than fifty per centum of their service as certified
by the county sheriff and are police officers  pursuant  to  subdivision
thirty-four  of  section 1.20 of the criminal procedure law as certified
by the municipal police training council or  Suffolk  county  correction
officers  or Suffolk county park police, as provided in subdivision four
of this section.
  S 2. The opening paragraph of subdivision 4  of  section  209  of  the
civil  service  law,  as  amended by chapter 234 of the laws of 2008, is
amended to read as follows:
  On request of either party or upon its  own  motion,  as  provided  in
subdivision  two  of this section, and in the event the board determines
that an impasse exists in collective negotiations between such  employee
organization and a public employer as to the conditions of employment of
officers  or members of any organized fire department, or any other unit
of the public employer which previously was a part of an organized  fire
department  whose primary mission includes the prevention and control of
aircraft fires, police force or police department of any  county,  city,
town,  village  or fire or police district, and detective-investigators,
criminal investigators or rackets investigators employed in  the  office
of a district attorney, or as to the conditions of employment of members
of any organized unit of troopers, commissioned or noncommissioned offi-
cers  of the division of state police or as to the conditions of employ-
ment of members of any organized unit of investigators, senior  investi-
gators  and investigator specialists of the division of state police, or
as to the terms and conditions of employment of  members  of  collective
negotiating  units designated as security services and security supervi-
sors, [who are police officers, who are forest ranger  captains  or  who
are  employed  by  the state department of correctional services and are
designated as peace officers  pursuant  to  subdivision  twenty-five  of
section  2.10 of the criminal procedure law,] or in regard to members of
the collective negotiating unit designated as the agency law enforcement
services unit who are police officers pursuant  to  subdivision  thirty-
four  of  section  1.20  of the criminal procedure law or who are forest
rangers, or as to the conditions of employment of any organized unit  of
deputy  sheriffs  who  are  engaged directly in criminal law enforcement
activities that aggregate more than fifty per centum of their service as
certified by the county sheriff and  are  police  officers  pursuant  to
subdivision thirty-four of section 1.20 of the criminal procedure law as
certified  by  the  municipal  police training council or Suffolk county
correction officers or Suffolk  county  park  police,  the  board  shall
render assistance as follows:
  S  3.  Paragraph  (f)  of  subdivision  4  of section 209 of the civil
service law, as amended by chapter 179 of the laws of 2008,  is  amended
to read as follows:
  (f)  With regard to any members of collective negotiating units desig-
nated as security services or  security  supervisors,  [who  are  police
officers,  who  are  forest  ranger  captains or who are employed by the

S. 3712                             3

state department of correctional services and are  designated  as  peace
officers  pursuant  to  subdivision  twenty-five  of section 2.10 of the
criminal procedure law,] or in regard to members of the collective nego-
tiating  unit designated as the agency law enforcement services unit who
are police officers pursuant to subdivision thirty-four of section  1.20
of the criminal procedure law or who are forest rangers, or in regard to
detective-investigators, criminal investigators or rackets investigators
employed  in  the  office  of  a district attorney of a county contained
within a city with a population of one million or more,  the  provisions
of  this  section shall only apply to the terms of collective bargaining
agreements directly relating to compensation, including, but not limited
to, salary, stipends, location pay, insurance, medical and  hospitaliza-
tion benefits; and shall not apply to non-compensatory issues including,
but  not  limited to, job security, disciplinary procedures and actions,
deployment or scheduling, or issues relating to eligibility for overtime
compensation which shall be governed by other provisions  proscribed  by
law.
  S  4. This act shall take effect immediately; provided that the amend-
ments to subdivisions 2 and 4 of section 209 of the  civil  service  law
made  by  this  act shall not affect the expiration of such subdivisions
and shall be deemed to expire therewith.

2011-S3712A (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §209, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3284
2013-2014: S2821

2011-S3712A (ACTIVE) - Summary

Provides for binding arbitration in negotiations with all members who are designated as security services or security supervisors.

2011-S3712A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3712A

TITLE OF BILL:
An act
to amend the civil service law, in relation to providing for binding
arbitration in negotiations involving all members of the collective
negotiating units designated as security services or security
supervisors

PURPOSE OR GENERAL IDEA OF BILL:
To provide binding arbitration to all members of the Security Services
or Security Supervisors collective bargaining units.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends §209(2) of the Civil Service Law to
include within its provisions all titles within the Security Services
bargaining unit or the Security Supervisors bargaining unit. Section
2 of the bill amends the opening paragraph of §209(4) of the Civil
Service Law in the same manner. Section 3 of the bill amends §209(4)
(f) of the Civil Service Law to limit application of binding
arbitration with respect to compensatory issues.

EXISTING LAW:
Currently, binding arbitration in collective negotiations is available
only to correctional officer members of these bargaining units.

JUSTIFICATION:
Binding arbitration legislation with respect to compensatory issues
for members of the Security Services and Security Supervisors units
passed the Legislature and became law during the 2001 Legislative
Session. (See Chapter 586 of the Laws of 2001). During the 2002
Legislative Session, however, through the enactment of Chapter 220 of
the Laws of 2002, binding arbitration was limited to members of the
Security Services and Security Supervisors units who are state
correctional officers.

When Chapter 586 of the Laws of 2001 Passed the Legislature, it was
the clear intent of the legislative members from both Houses to
provide binding arbitration to all titles within the Security
Services and Security Supervisors collective bargaining units.
Enactment of this bill into law will ensure that the original
legislative intent with respect to Chapter 586 of the Laws of 2001 is
carried out.

PRIOR LEGISLATIVE HISTORY:
2010:    A.6336/S.3284 Vetoed Memo 7
2007:    A.930  - Passed Both Houses; Veto Memo 70
2005-06: A.746  - Referred to Assembly Governmental Employees Committee
2003-04: A.5654 - Referred to Assembly Governmental Employees committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
Immediately, with provisions.

2011-S3712A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3712--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 2, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  civil service law, in relation to providing for
  binding arbitration in  negotiations  involving  all  members  of  the
  collective  negotiating units designated as security services or secu-
  rity supervisors

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2 of section 209 of the civil service law, as
amended by section 64 of subpart B of part C of chapter 62 of  the  laws
of 2011, is amended to read as follows:
  2.  Public employers are hereby empowered to enter into written agree-
ments with recognized or certified employee organizations setting  forth
procedures to be invoked in the event of disputes which reach an impasse
in  the  course  of collective negotiations. Such agreements may include
the undertaking by each party to submit unresolved issues  to  impartial
arbitration.  In  the  absence  or  upon the failure of such procedures,
public employers and employee organizations may  request  the  board  to
render  assistance  as provided in this section, or the board may render
such assistance on its own motion, as provided in subdivision  three  of
this section, or, in regard to officers or members of any organized fire
department,  or  any  unit of the public employer which previously was a
part of an organized fire department whose primary mission includes  the
prevention and control of aircraft fires, police force or police depart-
ment  of  any county, city, town, village or fire or police district, or
detective-investigators, or rackets investigators employed in the office
of a district attorney of a county, or in regard to any  organized  unit

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07552-02-1

S. 3712--A                          2

of troopers, commissioned or noncommissioned officers of the division of
state  police,  or  in regard to investigators, senior investigators and
investigator specialists of the division of state police, or  in  regard
to  members  of  collective  negotiating  units  designated  as security
services and security supervisors [who  are  police  officers,  who  are
forest  ranger  captains  or who are employed by the state department of
corrections and community supervision and are designated as peace  offi-
cers pursuant to subdivision twenty-five of section 2.10 of the criminal
procedure  law],  or  in regard to members of the collective negotiating
unit designated as the agency law  enforcement  services  unit  who  are
police  officers  pursuant to subdivision thirty-four of section 1.20 of
the criminal procedure law or who are forest rangers, or  in  regard  to
organized  units of deputy sheriffs who are engaged directly in criminal
law enforcement activities that aggregate more than fifty per centum  of
their service as certified by the county sheriff and are police officers
pursuant  to  subdivision  thirty-four  of  section 1.20 of the criminal
procedure law as certified by the municipal police training  council  or
Suffolk  county  correction  officers  or Suffolk county park police, as
provided in subdivision four of this section.
  S 2. The opening paragraph of subdivision 4  of  section  209  of  the
civil  service  law,  as amended by section 64 of subpart B of part C of
chapter 62 of the laws of 2011, is amended to read as follows:
  On request of either party or upon its  own  motion,  as  provided  in
subdivision  two  of this section, and in the event the board determines
that an impasse exists in collective negotiations between such  employee
organization and a public employer as to the conditions of employment of
officers  or members of any organized fire department, or any other unit
of the public employer which previously was a part of an organized  fire
department  whose primary mission includes the prevention and control of
aircraft fires, police force or police department of any  county,  city,
town,  village  or fire or police district, and detective-investigators,
criminal investigators or rackets investigators employed in  the  office
of a district attorney, or as to the conditions of employment of members
of any organized unit of troopers, commissioned or noncommissioned offi-
cers  of the division of state police or as to the conditions of employ-
ment of members of any organized unit of investigators, senior  investi-
gators  and investigator specialists of the division of state police, or
as to the terms and conditions of employment of  members  of  collective
negotiating  units designated as security services and security supervi-
sors, [who are police officers, who are forest ranger  captains  or  who
are employed by the state department of corrections and community super-
vision  and  are  designated  as  peace officers pursuant to subdivision
twenty-five of section 2.10 of the criminal procedure law,] or in regard
to members of the collective negotiating unit designated as  the  agency
law enforcement services unit who are police officers pursuant to subdi-
vision  thirty-four of section 1.20 of the criminal procedure law or who
are forest rangers, or as to the conditions of employment of any  organ-
ized  unit  of  deputy sheriffs who are engaged directly in criminal law
enforcement activities that aggregate more  than  fifty  per  centum  of
their service as certified by the county sheriff and are police officers
pursuant  to  subdivision  thirty-four  of  section 1.20 of the criminal
procedure law as certified by the municipal police training  council  or
Suffolk  county  correction  officers or Suffolk county park police, the
board shall render assistance as follows:

S. 3712--A                          3

  S 3. Paragraph (f) of subdivision  4  of  section  209  of  the  civil
service  law, as amended by section 64 of subpart B of part C of chapter
62 of the laws of 2011, is amended to read as follows:
  (f)  With regard to any members of collective negotiating units desig-
nated as security services or  security  supervisors,  [who  are  police
officers,  who  are  forest  ranger  captains or who are employed by the
state department of corrections and community supervision and are desig-
nated as peace officers pursuant to subdivision twenty-five  of  section
2.10  of  the  criminal  procedure  law,] or in regard to members of the
collective negotiating unit designated as  the  agency  law  enforcement
services  unit  who  are police officers pursuant to subdivision thirty-
four of section 1.20 of the criminal procedure law  or  who  are  forest
rangers, or in regard to detective-investigators, criminal investigators
or  rackets  investigators employed in the office of a district attorney
of a county contained within a city with a population of one million  or
more,  the  provisions  of this section shall only apply to the terms of
collective bargaining  agreements  directly  relating  to  compensation,
including,  but  not  limited to, salary, stipends, location pay, insur-
ance, medical and hospitalization benefits; and shall not apply to  non-
compensatory  issues including, but not limited to, job security, disci-
plinary procedures and actions,  deployment  or  scheduling,  or  issues
relating  to  eligibility  for  overtime  compensation  which  shall  be
governed by other provisions proscribed by law.
  S 4. This act shall take effect immediately; provided that the  amend-
ments  to  subdivisions  2 and 4 of section 209 of the civil service law
made by this act shall not affect the expiration  of  such  subdivisions
and shall be deemed to expire therewith.

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Senate Bill S3712A

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Actions

Bill Amendments

2011-S3712 - Details

2011-S3712 - Summary

2011-S3712 - Sponsor Memo

2011-S3712 - Bill Text download pdf

2011-S3712A (ACTIVE) - Details

2011-S3712A (ACTIVE) - Summary

2011-S3712A (ACTIVE) - Sponsor Memo

2011-S3712A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S3712A

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Sponsored By

Eric Adams

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Actions

Bill Amendments

2011-S3712 - Details

2011-S3712 - Summary

2011-S3712 - Sponsor Memo

2011-S3712 - Bill Text download pdf

2011-S3712A (ACTIVE) - Details

2011-S3712A (ACTIVE) - Summary

2011-S3712A (ACTIVE) - Sponsor Memo

2011-S3712A (ACTIVE) - Bill Text download pdf

Comments